Saul

This action was brought by the plaintiff for the specific performance of a contract for the sale of a lot of land described in the complaint. The cause came on for trial before the court without a jury upon the issues made by. the complaint and the answer thereto. It appears from the bill of exceptions that the plaintiff offered testimony sufficient to support the material allegations of the complaint—showing the execution of the contract, the payment of ten dollars as part payment for the land, a tender of the balance and a demand for a deed. The evidence shows that the contract in question was executed in duplicate, being made out on a printed blank. The printed blank provided that the vendee should have ten days in which to examine the title to the property, but in the plaintiff’s duplicate of the executed contract the word “ten” was crossed out and the word “sixty” substituted in pencil. Plaintiff testified that the same change had been made in the vendor’s (defendants’) duplicate, the change in both having been made before execution. The vendors produced their contract, which showed no such change, and denied that they had ever agreed with the vendee that he should have more…